2018-10-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                9 OCTOBER 2018


4.    STATUTORY PROCESS
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
    the development would not result in substantially different development as the proposal
      does not change the type of use or the extent of outside dining area;
    the change does not include prohibited development;
    the change would not require the application to be referred to an additional referral agency
      or cause a referral agency to have regard to new matters prescribed by regulation;
    where the original application was code assessable, the change would not cause the
      application to become impact assessable.
5.    ASSESSMENT
5.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
    State Planning Policy;
    South East Queensland Regional Plan;
    Planning Regulation 2017;
    The Noosa Plan.
The primary issues which require consideration relate to the potential for the proposed changes
to impact adversely on the amenity of residential properties within proximity of the site. The
following provides an assessment of each of the conditions the applicant seeks to delete.
Condition 3
3.    The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
      dining area permitted after 10pm only on Friday to Monday nights inclusive.
Applicant’s Request
Deletion of condition.
Assessment of Request
At the time of the original application a number of noise complaints had been made to the Office
of Liquor and Gaming Regulation (OLGR). The noise complaints predominately related to the use
of the outdoor area.
The relevant provisions within the Noosa Plan regarding noise and amenity are:
Specific Outcome 1 of the Noosa Heads Locality Code:
Amenity
Uses are located, designed and operated to avoid significant adverse changes to the light, air
quality, noise, accessibility, or other conditions enjoyed by users of associated, adjoining or
nearby uses.




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